Describing Special Education, Related Services, Supplementary Aids and Services, and Program Modifications or Supports

1. Describing Special Education, Related Services, Supplementary Aids and Services, and Program Modifications or Supports Christina Spector, Marge Resan, & Paula Volpiansky Special Education Team Wisconsin Department of Public Instruction July, 2011 Welcome, and thanks for joining us today. My name is Christina Spector and I am a School Administration Consultant on the Special Education team at the Wisconsin Department of Public Instruction. With me are my colleagues, Marge Resan and Paula Volpiansky. We are all members of the Procedural Compliance workgroup. This workgroup is responsible for developing guidance and providing technical assistance to ensure public agencies comply with requirements of state and federal special education law. One of the ways we ensure these requirements are being correctly implemented is through the Procedural Compliance Self Assessment. Through an analysis of self-assessment results, we realized one of the most common types of procedural errors IEP teams make are in appropriately describing special education, related services, supplementary aids and services, and program modifications or supports. Welcome, and thanks for joining us today. My name is Christina Spector and I am a School Administration Consultant on the Special Education team at the Wisconsin Department of Public Instruction. With me are my colleagues, Marge Resan and Paula Volpiansky. We are all members of the Procedural Compliance workgroup. This workgroup is responsible for developing guidance and providing technical assistance to ensure public agencies comply with requirements of state and federal special education law. One of the ways we ensure these requirements are being correctly implemented is through the Procedural Compliance Self Assessment. Through an analysis of self-assessment results, we realized one of the most common types of procedural errors IEP teams make are in appropriately describing special education, related services, supplementary aids and services, and program modifications or supports.

2. Choose an audio source Make sure the volume on the computer is turned up Contact your local IT department If you are deaf or hard of hearing or otherwise want to access the speaker notes: Click on the PowerPoint presentation icon next to the Webcast you’d like to view. If you are using a PC, right click on the screen when the PowerPoint opens and select “full screen.” Right click again and select “speaker notes.” The notes will appear in a small box which can be moved and will automatically change as the slides change. Using Microsoft LiveAudio Difficulties & Accessibility July, 2011 2 If you are having audio difficulties with this presentation, there are a number of helpful suggestions we can provide. First, make sure that you have selected whether you are using speakers or headphones on your computer. Second, make sure the volume on your computer is turned up. If you are using a PC, the volume icon is located on the bottom right hand side of your computer task bar. If you continue to have audio difficulties, contact your local IT department. If you are deaf or hard of hearing, you can you can access the speaker notes by clicking on the PowerPoint presentation icon next to the Webcast you’d like to view. If you are using a PC, you can right click on the screen when the PowerPoint opens and select “full screen.” Right click again and select “speaker notes.” The notes will appear in a small box which can be moved and will automatically change as the slides change. If you are having audio difficulties with this presentation, there are a number of helpful suggestions we can provide. First, make sure that you have selected whether you are using speakers or headphones on your computer. Second, make sure the volume on your computer is turned up. If you are using a PC, the volume icon is located on the bottom right hand side of your computer task bar. If you continue to have audio difficulties, contact your local IT department. If you are deaf or hard of hearing, you can you can access the speaker notes by clicking on the PowerPoint presentation icon next to the Webcast you’d like to view. If you are using a PC, you can right click on the screen when the PowerPoint opens and select “full screen.” Right click again and select “speaker notes.” The notes will appear in a small box which can be moved and will automatically change as the slides change.

3. July, 2011 3 Last fall, we released Bulletin 10.07 to help LEAs describe special education, related services, supplementary aids and services and program modifications and supports. This bulletin is available on the DPI website (http://www.dpi.wi.gov/sped/bul10-07.html ). This is a screenshot of this bulletin. In fact, it may be a good idea to pause this presentation for a second and have the bulletin as a reference point during this presentation. The link to the bulletin is on slide #38. This presentation is full of valuable information that is sometimes difficult to digest in the first pass-through. Please feel free to pause the presentation and rewind it to be sure you don’t miss any of this important information. A couple of important points before we begin: Throughout this presentation and the bulletin, we refer to special education, related services, supplementary aids and services, and program modifications and supports interchangeably as “special education services” in an attempt to keep things as short as possible. When we refer to “services” we are referring to any of those four items. In addition, please remember each IEP team is responsible for developing an IEP based on each student’s unique needs. Any examples in this presentation or throughout the bulletin are meant for instructional purposes only, and should not be construed as appropriate for all students under all circumstances. Last fall, we released Bulletin 10.07 to help LEAs describe special education, related services, supplementary aids and services and program modifications and supports. This bulletin is available on the DPI website (http://www.dpi.wi.gov/sped/bul10-07.html ). This is a screenshot of this bulletin. In fact, it may be a good idea to pause this presentation for a second and have the bulletin as a reference point during this presentation. The link to the bulletin is on slide #38. This presentation is full of valuable information that is sometimes difficult to digest in the first pass-through. Please feel free to pause the presentation and rewind it to be sure you don’t miss any of this important information. A couple of important points before we begin: Throughout this presentation and the bulletin, we refer to special education, related services, supplementary aids and services, and program modifications and supports interchangeably as “special education services” in an attempt to keep things as short as possible. When we refer to “services” we are referring to any of those four items. In addition, please remember each IEP team is responsible for developing an IEP based on each student’s unique needs. Any examples in this presentation or throughout the bulletin are meant for instructional purposes only, and should not be construed as appropriate for all students under all circumstances.

4. FAPE: All students enrolled in public school have the right to a… Free Appropriate Public Education The IEP is the legal document that describes how the LEA will provide FAPE to the student in accordance with IDEA. Why is this important? July, 2011 4 So why is “Amount/Frequency” an important area to look at in terms of procedural compliance? Well, for a number of reasons! First of all, let’s start with what’s most important: the kids we work with. Every student with a disability has the right to a Free Appropriate Public Education provided at no cost to the parent (referred to as FAPE). FAPE is the heart of IDEA and the basis of special education, To provide FAPE, we start with the student’s needs and then develop a specific program, which is clearly documented on the IEP, to meet those needs. Each individualized education program team (or IEP team) is responsible for developing an IEP that includes clear statements of the services to be provided to the student based on each student’s unique needs. The law states the IEP must include the projected dates for implementation of all services and their anticipated amount, frequency, location, and duration. These items are commonly described in the Program Summary page of the IEP and is included in DPI model form I-9. This is required as part of an LEA’s obligation to provide FAPE, and it is why “Amount/Frequency “is so important. So why is “Amount/Frequency” an important area to look at in terms of procedural compliance? Well, for a number of reasons! First of all, let’s start with what’s most important: the kids we work with. Every student with a disability has the right to a Free Appropriate Public Education provided at no cost to the parent (referred to as FAPE). FAPE is the heart of IDEA and the basis of special education, To provide FAPE, we start with the student’s needs and then develop a specific program, which is clearly documented on the IEP, to meet those needs. Each individualized education program team (or IEP team) is responsible for developing an IEP that includes clear statements of the services to be provided to the student based on each student’s unique needs. The law states the IEP must include the projected dates for implementation of all services and their anticipated amount, frequency, location, and duration. These items are commonly described in the Program Summary page of the IEP and is included in DPI model form I-9. This is required as part of an LEA’s obligation to provide FAPE, and it is why “Amount/Frequency “is so important.

5. Why is this important? The IEP must accurately describe the LEA’s commitment so parents and other IEP team members know what to expect. General supervisory responsibility (DPI) IDEA state complaints Procedural Compliance Self-Assessment July, 2011 5 Next, let’s talk about the LEA’s responsibility. The special education services to be provided must be stated in the IEP so the agency’s commitment will be clear to parents and other IEP team members. The amount of time committed to each service must be appropriate to the specific service and stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP. Finally, let’s talk about why it is important to look at this topic in terms of procedural compliance. Writing IEPs without the required specificity puts an LEA at risk. Failure to properly implement IEPs is one of the most common issues brought up in IDEA (Individuals with Disabilities Education Act) complaints submitted to the Department. If services are not clearly described, it is impossible to determine whether an IEP is being implemented properly. When issuing complaint decisions, the failure to have a clearly written IEP may result in a violation for the LEA, subject to corrective action. In addition to IDEA complaints, how clearly your IEPs describe special education services will come up when your LEA is involved in the procedural compliance self assessment. All LEAs are required to review special education service statements as part of the self-assessment process. Next, let’s talk about the LEA’s responsibility. The special education services to be provided must be stated in the IEP so the agency’s commitment will be clear to parents and other IEP team members. The amount of time committed to each service must be appropriate to the specific service and stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP. Finally, let’s talk about why it is important to look at this topic in terms of procedural compliance. Writing IEPs without the required specificity puts an LEA at risk. Failure to properly implement IEPs is one of the most common issues brought up in IDEA (Individuals with Disabilities Education Act) complaints submitted to the Department. If services are not clearly described, it is impossible to determine whether an IEP is being implemented properly. When issuing complaint decisions, the failure to have a clearly written IEP may result in a violation for the LEA, subject to corrective action. In addition to IDEA complaints, how clearly your IEPs describe special education services will come up when your LEA is involved in the procedural compliance self assessment. All LEAs are required to review special education service statements as part of the self-assessment process.

6. FY 2006-2011 monitoring cycle 80.3% of LEAs reported errors related to amount and frequency FY 2012-2016 Cycle (beginning Fall 2011) IEP-10 IEP-11 IEP-12 http://www.dpi.wi.gov/sped/spp-selfassmt.html How are we doing as a state? July, 2011 6 So, how are we doing with clearly describing special education services in Wisconsin? When reviewing available data from our Procedural Compliance Self Assessment system, items describing frequency and amount of special education services, have been consistently among the top 10 errors found by LEAs to have errors. Looking at the past 5-year self-assessment cycle (2006-07 through 2010-11) , 80.3% of LEAs reported errors in their records related to amount and frequency! Because this continues to be a problem statewide, IEP statements of amount and frequency will continue to be monitored in the next five year cycle of the procedural compliance self assessment. We will look at amount and frequency statements in three items: special education (IEP-10), related services (IEP-11), and supplementary aids and services (Item IEP-12). You are taking a great first step in preparing yourself to review these items in the upcoming cycle by watching this presentation, reviewing the bulletin, reviewing your IEPs for procedural compliance in this and other areas, and knowing the standards and directions. The standards and directions for the upcoming cycle are posted on the procedural compliance self assessment page at the link noted on this slide. (http://www.dpi.wi.gov/sped/spp-selfassmt.html ) So, how are we doing with clearly describing special education services in Wisconsin? When reviewing available data from our Procedural Compliance Self Assessment system, items describing frequency and amount of special education services, have been consistently among the top 10 errors found by LEAs to have errors. Looking at the past 5-year self-assessment cycle (2006-07 through 2010-11) , 80.3% of LEAs reported errors in their records related to amount and frequency! Because this continues to be a problem statewide, IEP statements of amount and frequency will continue to be monitored in the next five year cycle of the procedural compliance self assessment. We will look at amount and frequency statements in three items: special education (IEP-10), related services (IEP-11), and supplementary aids and services (Item IEP-12). You are taking a great first step in preparing yourself to review these items in the upcoming cycle by watching this presentation, reviewing the bulletin, reviewing your IEPs for procedural compliance in this and other areas, and knowing the standards and directions. The standards and directions for the upcoming cycle are posted on the procedural compliance self assessment page at the link noted on this slide. (http://www.dpi.wi.gov/sped/spp-selfassmt.html )

7. Specially designed instruction to meet the unique needs of a student with a disability which is provided at no cost to the student or the student’s parent by appropriately licensed staff. It is provided in the classroom, in the home, in hospitals and institutions, and in other settings. “Special Education” is July, 2011 7 So let’s begin with some important definitions. If you’re following along in the Bulletin, this information is found on the first page. First, what is “special education?” Special education is specially designed instruction to meet the unique needs of a student with a disability which is provided at no cost to the student or the student’s parent by appropriately licensed staff. It is provided in the classroom, in the home, in hospitals and institutions, and in other settings. This definition comes from both federal and state law. The federal special education law citation begins with 34 CFR 300. This is the citation in the Code of Federal Regulations implementing IDEA. The state law citation begins with Wis. Stat., which stands for Wisconsin Statutes. The section on special education is found in Chapter 115 Wis. Stat. Legal citations are provided for you throughout the bulletin. So let’s begin with some important definitions. If you’re following along in the Bulletin, this information is found on the first page. First, what is “special education?” Special education is specially designed instruction to meet the unique needs of a student with a disability which is provided at no cost to the student or the student’s parent by appropriately licensed staff. It is provided in the classroom, in the home, in hospitals and institutions, and in other settings. This definition comes from both federal and state law. The federal special education law citation begins with 34 CFR 300. This is the citation in the Code of Federal Regulations implementing IDEA. The state law citation begins with Wis. Stat., which stands for Wisconsin Statutes. The section on special education is found in Chapter 115 Wis. Stat. Legal citations are provided for you throughout the bulletin.

8. Transportation and developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education. May include occupational therapy, orientation and mobility training, etc “Related Services” are July, 2011 8 What about “related services?” These are transportation and developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education. These may include occupational therapy and orientation and mobility services, to name a few. What about “related services?” These are transportation and developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education. These may include occupational therapy and orientation and mobility services, to name a few.

9. Aids, services, and other supports provided in general education classes or in other education-related settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate. May include assistive technology devices, specific modifications made to assignments, etc. “Supplementary Aids & Services” are July, 2011 9 “Supplementary Aids and Services” are aids, services, and other supports provided in general education classes or in other education-related settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate. These may include things such as assistive technology and specific modifications that are made for a particular student in general education or other settings. One big tip: please do not list “modified assignments” without describing exactly what modification is required! “Supplementary Aids and Services” are aids, services, and other supports provided in general education classes or in other education-related settings to enable a student with a disability to be educated with students without disabilities to the maximum extent appropriate. These may include things such as assistive technology and specific modifications that are made for a particular student in general education or other settings. One big tip: please do not list “modified assignments” without describing exactly what modification is required!

10. Services or activities provided to school personnel on the behalf of students. May include training, consultation, etc. “Program Modifications or Supports for School Personnel” are July, 2011 10 And finally, “program modifications or supports for school personnel.” These items are just that; services or activities provided to school personnel on the behalf of students. The key to this item is, “Is it for school personnel”? If so, it should be listed in this section. These items include things like specific kinds of training opportunities, consultation between staff, etc. The important thing to remember about these items are to be specific enough that everyone knows what is going to be done, by whom, where, and when. Now I’m going to turn it over to Marge Resan to get more into the meat of the Bulletin and the compliance standards around describing special education services. And finally, “program modifications or supports for school personnel.” These items are just that; services or activities provided to school personnel on the behalf of students. The key to this item is, “Is it for school personnel”? If so, it should be listed in this section. These items include things like specific kinds of training opportunities, consultation between staff, etc. The important thing to remember about these items are to be specific enough that everyone knows what is going to be done, by whom, where, and when. Now I’m going to turn it over to Marge Resan to get more into the meat of the Bulletin and the compliance standards around describing special education services.

11. Services are based on the student’s unique educational needs. The IEP must clearly state the amount of time and resource committed to each services. The IEP must clearly describe the LEA’s commitment of resources to the parents and all involved in developing and implementing the IEP. General Standard for ALL Services July, 2011 11 SECTION 2 (Marge) Hi, I’m Marge Resan. As Christina mentioned earlier, the student’s unique educational needs drive the IEP team’s determination of the services the student will receive. The IEP must be written in a way that CLEARLY states the amount of time and resource committed to each service. The level of the LEA’s commitment of resources must be clear to the parent and all involved in developing and implementing the IEP.SECTION 2 (Marge) Hi, I’m Marge Resan. As Christina mentioned earlier, the student’s unique educational needs drive the IEP team’s determination of the services the student will receive. The IEP must be written in a way that CLEARLY states the amount of time and resource committed to each service. The level of the LEA’s commitment of resources must be clear to the parent and all involved in developing and implementing the IEP.

12. The IEP must include a description, appropriate to each service, of the: Projected date for the beginning of the services Amount of services(how much?) Frequency of services (how often?) Location of services (where will the service be provided?) Duration of services (how long will the service be provided?) General Standard for ALL Services July, 2011 12 Special education law tells us IEPs must include a description, appropriate to each service, of the projected date for the beginning of the service, and the anticipated amount, frequency, location and duration of the service. In other words, the description of services must answer the following questions: How much of the service will be provided (the amount)? How often will the service be provided (the frequency)? Where will the service be provided (the location)? How long will the service be provided (the duration)? Special education law tells us IEPs must include a description, appropriate to each service, of the projected date for the beginning of the service, and the anticipated amount, frequency, location and duration of the service. In other words, the description of services must answer the following questions: How much of the service will be provided (the amount)? How often will the service be provided (the frequency)? Where will the service be provided (the location)? How long will the service be provided (the duration)?

13. Whenever possible, the IEP should describe services using daily allotments of hours or minutes. If the student’s unique needs are such that daily allotments are not appropriate, the IEP should describe services in weekly allotments of time. If it is impossible to describe the service in allotments of time, the IEP must clearly describe the circumstances under which it will be provided. DPI’s General Guidance July, 2011 13 DPI provides the following general guidance to IEP teams on how to describe services. IEP teams should follow this hierarchy of considerations when describing services. First, whenever possible, the IEP should describe services using daily allotments of hours or minutes. If the student’s unique needs are such that daily allotments of hours or minutes are not appropriate, the IEP should describe services in weekly allotments of time; Such as when a service is only provided once per week. However, some services are impossible to describe using specific allotments of time. In this situation the IEP must clearly describe the circumstances under which the service will be provided. Next we will go through some examples of acceptable descriptions of services using this guidance. DPI provides the following general guidance to IEP teams on how to describe services. IEP teams should follow this hierarchy of considerations when describing services. First, whenever possible, the IEP should describe services using daily allotments of hours or minutes. If the student’s unique needs are such that daily allotments of hours or minutes are not appropriate, the IEP should describe services in weekly allotments of time; Such as when a service is only provided once per week. However, some services are impossible to describe using specific allotments of time. In this situation the IEP must clearly describe the circumstances under which the service will be provided. Next we will go through some examples of acceptable descriptions of services using this guidance.

14. Daily or Weekly Allotments of Hours or Minutes – Special Education July, 2011 14 These examples use daily or weekly allotments of hours or minutes to describe special education services. Each clearly describe how much of the service will be provided (the amount), how often will the service be provided (frequency), where the service will be provided (location) and how long will the service be provided (duration). You will note in these examples the duration is listed as “IEP term.” While this is often the case for services in IEPs, it is important for IEP teams to understand students may require services to be provided for a different duration. We provide an example of this on the next slide. The services in these examples are appropriately described in hours or minutes. They are anticipated to occur in established, recurring time periods in established locations during typical school days and weeks. These examples use daily or weekly allotments of hours or minutes to describe special education services. Each clearly describe how much of the service will be provided (the amount), how often will the service be provided (frequency), where the service will be provided (location) and how long will the service be provided (duration). You will note in these examples the duration is listed as “IEP term.” While this is often the case for services in IEPs, it is important for IEP teams to understand students may require services to be provided for a different duration. We provide an example of this on the next slide. The services in these examples are appropriately described in hours or minutes. They are anticipated to occur in established, recurring time periods in established locations during typical school days and weeks.

15. Daily or Weekly Allotments of Hours or Minutes – Related Services July, 2011 15 Here are three examples of related services described in hours or minutes. Like the special education services described in the previous slide, these related services are appropriately described in terms of hours or minutes. The services are anticipated to occur in established, recurring time periods during typical school days and weeks in the same location from day to day or week to week. Note: the speech and language example reflects an alternative to “minutes per month”. The last example on this slide has a duration other than the IEP term, based on the unique needs of the student. There are additional examples of IEP service statements appropriate for therapy services, in particular, speech and language therapy, available on the DPI Website at http://www.dpi.wi.gov/sped/speech.html. This website is also listed on the resource slide at the end of this presentation. Here are three examples of related services described in hours or minutes. Like the special education services described in the previous slide, these related services are appropriately described in terms of hours or minutes. The services are anticipated to occur in established, recurring time periods during typical school days and weeks in the same location from day to day or week to week. Note: the speech and language example reflects an alternative to “minutes per month”. The last example on this slide has a duration other than the IEP term, based on the unique needs of the student. There are additional examples of IEP service statements appropriate for therapy services, in particular, speech and language therapy, available on the DPI Website at http://www.dpi.wi.gov/sped/speech.html. This website is also listed on the resource slide at the end of this presentation.

16. Daily or Weekly Allotments of Hours or Minutes–Supplementary Aids & Services July, 2011 16 Here is an example of a supplementary aids and service described in a daily allotment of minutes. Here is an example of a supplementary aids and service described in a daily allotment of minutes.

17. Daily or Weekly Allotments of Hours or Minutes–Program Modifications or Supports July, 2011 17 Finally, here is an example of a program modification or support for school personnel described in a weekly allotment of minutes.Finally, here is an example of a program modification or support for school personnel described in a weekly allotment of minutes.

18. Yes, but only in the rare circumstance where it is appropriate to the specific service and based on the student’s unique needs Are Monthly Allotments of time Acceptable? July, 2011 18 The preferred way to describe services is to use daily or weekly allotments of time, describing both the length and number of sessions, because doing so provides the clearest commitment of LEA resources and communicates them accurately to the parent and all involved in developing and implementing the IEP. However, occasionally IEP teams decide a service should be provided in monthly allotments of time in order to vary the amount of service provided from week to week. Describing services in monthly allotments is acceptable– but be cautious! This is acceptable only in the rare circumstance where the IEP team determines it is appropriate to the specific service and is based on the student’s unique needs. For example, when a service is only needed 1 time each month. In these situations, the LEA must ensure the student receives all services described in the IEP and must closely monitor the delivery of services to be certain the student receives all services to which she or he is entitled. The preferred way to describe services is to use daily or weekly allotments of time, describing both the length and number of sessions, because doing so provides the clearest commitment of LEA resources and communicates them accurately to the parent and all involved in developing and implementing the IEP. However, occasionally IEP teams decide a service should be provided in monthly allotments of time in order to vary the amount of service provided from week to week. Describing services in monthly allotments is acceptable– but be cautious! This is acceptable only in the rare circumstance where the IEP team determines it is appropriate to the specific service and is based on the student’s unique needs. For example, when a service is only needed 1 time each month. In these situations, the LEA must ensure the student receives all services described in the IEP and must closely monitor the delivery of services to be certain the student receives all services to which she or he is entitled.

19. LEAs must consider the impact of interruption in services on the provision of FAPE. Whether an interruption in services is a denial of FAPE is an individual, case-by-case determination. Student or Staff Absences July, 2011 19 LEAs must be aware of the impact of interruptions of services, whether because of situations such as student absences, staff absences, or staff shortages, on the provision of FAPE to each individual student. Whether the interruption of services becomes a denial of FAPE is an individual, case-by-case, determination. For example, if a student is absent from school for a prolonged period of time, or if there is a pattern of repeated short-term absences from school, it may be appropriate for the LEA to reconvene the student’s IEP team to discuss possible modifications to the student’s program or placement. LEAs must be aware of the impact of interruptions of services, whether because of situations such as student absences, staff absences, or staff shortages, on the provision of FAPE to each individual student. Whether the interruption of services becomes a denial of FAPE is an individual, case-by-case, determination. For example, if a student is absent from school for a prolonged period of time, or if there is a pattern of repeated short-term absences from school, it may be appropriate for the LEA to reconvene the student’s IEP team to discuss possible modifications to the student’s program or placement.

20. For example, “a minimum of 15 minutes, three times per week” NO! Unacceptable because the commitment of LEA resources to the student is unclear Are “Minimums” Acceptable? July, 2011 20 Stating the description of a service as a minimum amount of time is not acceptable. Minimums do not provide a clear commitment of LEA resources to the student. While minimums make the “floor” of the amount of service committed clear, there is no limit to the “ceiling” of amount of service. Stating the description of a service as a minimum amount of time is not acceptable. Minimums do not provide a clear commitment of LEA resources to the student. While minimums make the “floor” of the amount of service committed clear, there is no limit to the “ceiling” of amount of service.

21. Only acceptable if… Stating the service as a narrow range is appropriate to the specific service, and The IEP team determines it is necessary to meet the unique needs of the student, and A range is not used for administrative convenience, and The range is not unreasonably wide (generally no more than 15 minutes). Are Narrow Ranges of Time Acceptable? July, 2011 21 The amount may be stated as a NARROW range of time only if the IEP team determines it is appropriate to the specific service, and a range is necessary to meet the unique needs of the student. It is not acceptable to use a range of time to address issues of administrative convenience, for example, to address personnel shortages or uncertainty regarding availability of staff. The range cannot be unreasonably wide, generally no more than 15 minutes.The amount may be stated as a NARROW range of time only if the IEP team determines it is appropriate to the specific service, and a range is necessary to meet the unique needs of the student. It is not acceptable to use a range of time to address issues of administrative convenience, for example, to address personnel shortages or uncertainty regarding availability of staff. The range cannot be unreasonably wide, generally no more than 15 minutes.

22. Use of a Narrow Range – Acceptable Example July, 2011 22 This slide shows an example of an acceptable use of a range to describe a related service. Note the range is narrow (10 minutes) and is based on the unique needs of the student. Now Paula is going to talk about those situations where it is NOT appropriate to describe services in terms of daily or weekly amounts of time. This slide shows an example of an acceptable use of a range to describe a related service. Note the range is narrow (10 minutes) and is based on the unique needs of the student. Now Paula is going to talk about those situations where it is NOT appropriate to describe services in terms of daily or weekly amounts of time.

23. The IEP must clearly describe the circumstances under which the service will be provided. Describing circumstances requires more detail. The statement must still describe type of service amount (how much?) frequency (how often?) location (where?) and duration “as needed”, “upon student request”, “as determined by teacher” are not acceptable When allotments of time are not appropriate to the service… July, 2011 23 NEXT SECTION- Paula Thanks Marge. Hello, I’m Paula Volpiansky and I will go through the last part of our presentation. Now we’re going to discuss how to state services when allotments of time are not appropriate to the service or circumstance. In the case where it is impossible to describe special education services in daily or weekly allotments of time, the IEP must still clearly describe the circumstances under which the service will be provided and for how long. This requires more detail in the description of the service. Statements describing special education services to be provided “as needed,” “upon student request,” “as determined by teacher,” or “when appropriate” do not clearly describe the circumstances under which the service will be provided or the LEA’s commitment of resources.NEXT SECTION- Paula Thanks Marge. Hello, I’m Paula Volpiansky and I will go through the last part of our presentation. Now we’re going to discuss how to state services when allotments of time are not appropriate to the service or circumstance. In the case where it is impossible to describe special education services in daily or weekly allotments of time, the IEP must still clearly describe the circumstances under which the service will be provided and for how long. This requires more detail in the description of the service. Statements describing special education services to be provided “as needed,” “upon student request,” “as determined by teacher,” or “when appropriate” do not clearly describe the circumstances under which the service will be provided or the LEA’s commitment of resources.

24. Describing Circumstances Special Education July, 2011 24 Here is an example of a special education service where the circumstances under which the service is to be provided is clearly described with sufficient detail. This statement is clear because it describes the types of behaviors that would prompt the needed service (i.e. dangerous behaviors such as throwing things and physical aggression) as well as the extent (or amount) of the service to be provided (removal to special education for instruction until student exhibits in-control behavior for 15 consecutive minutes). Here is an example of a special education service where the circumstances under which the service is to be provided is clearly described with sufficient detail. This statement is clear because it describes the types of behaviors that would prompt the needed service (i.e. dangerous behaviors such as throwing things and physical aggression) as well as the extent (or amount) of the service to be provided (removal to special education for instruction until student exhibits in-control behavior for 15 consecutive minutes).

25. Describing CircumstancesRelated Services July, 2011 25 Here is an example of a related service using a statement of circumstances which provides enough detail so the amount and frequency of services and commitment of LEA resources is clear. It is clear that whenever the class starts a new PE unit, the student will receive 45 minutes of physical therapy during the first week of the unit. Here is an example of a related service using a statement of circumstances which provides enough detail so the amount and frequency of services and commitment of LEA resources is clear. It is clear that whenever the class starts a new PE unit, the student will receive 45 minutes of physical therapy during the first week of the unit.

26. Describing Circumstances– Supplementary Aids and Services July, 2011 26 In this example, the supplementary aid and service statement clearly describes the circumstances under which the student will receive 1:1 assistance (when student refuses to work after two teacher prompts) and for how long the student will receive the service (until the student resumes work). Together, this provides a clear explanation of the amount and the frequency of services. In this example, the supplementary aid and service statement clearly describes the circumstances under which the student will receive 1:1 assistance (when student refuses to work after two teacher prompts) and for how long the student will receive the service (until the student resumes work). Together, this provides a clear explanation of the amount and the frequency of services.

27. Describing Circumstances Supplementary Aids and Services July, 2011 27 In these examples the supplementary aids and services are described clearly as well. The conditions under which the services are to be provided describe the amount and frequency. In the first example, it is clear that all science and social studies test questions that are “fill in the blank” or “short answer” will be replaced with multiple choice questions for the student In the 2nd example, it is clear that the student will use an Easy Stand Stander in Chemistry class when the student has to work at the lab counter. In these examples the supplementary aids and services are described clearly as well. The conditions under which the services are to be provided describe the amount and frequency. In the first example, it is clear that all science and social studies test questions that are “fill in the blank” or “short answer” will be replaced with multiple choice questions for the student In the 2nd example, it is clear that the student will use an Easy Stand Stander in Chemistry class when the student has to work at the lab counter.

28. If “upon student request,” “as needed,” etc. are unacceptable, how do we address self-advocacy on the IEP? Self-advocacy may be appropriately addressed in other parts of the IEP such as the student’s present level of academic achievement and functional performance, and annual goals. What about student self-advocacy? July, 2011 28 So what about when we want the student to request services because we are trying to encourage them to be more independent and use self advocacy skills? Teaching students self-advocacy skills is extremely important, and when needed, should be documented in the IEP. The need for self-determination and self-advocacy skills are generally best addressed in the student’s present level of performance and in annual goal statements. As the student works on self-advocacy skills the student may continue to require one or more special education services. If so, these services should be described clearly on the IEP. Statements such as “upon student request” or “as needed” are not permissible statements of frequency and amount because they do not clearly describe the LEA’s commitment of resources nor the circumstances under which the student requires the services. So what about when we want the student to request services because we are trying to encourage them to be more independent and use self advocacy skills? Teaching students self-advocacy skills is extremely important, and when needed, should be documented in the IEP. The need for self-determination and self-advocacy skills are generally best addressed in the student’s present level of performance and in annual goal statements. As the student works on self-advocacy skills the student may continue to require one or more special education services. If so, these services should be described clearly on the IEP. Statements such as “upon student request” or “as needed” are not permissible statements of frequency and amount because they do not clearly describe the LEA’s commitment of resources nor the circumstances under which the student requires the services.

29. Self-Advocacy Goal: Given a problem involving math calculation of more than two columns, Jamal will recognize his need for a calculator and ask teacher for it, 7/10 opportunities, as measured by teacher checklist. The program summary describes services needed as student develops self-advocacy skills. What about student self-advocacy? July, 2011 29 Here is one example of an annual goal that addresses self-advocacy skills. While developing the ability to recognize his or her need for a calculator and request it from the teacher, the student will still require a calculator be provided when doing math assignments because of the student’s disability. Therefore, in this example, the IEP team chose to also include the supplementary aid and service of a calculator. The conditions under which this service is to be provided is clearly stated; whenever an assignment requires math calculation, the student will be provided with a calculator. It is possible while developing self-advocacy skills, the teacher may need to prompt the student to make the request, but it would not be appropriate to deny this needed supplementary aid just because the student does not ask for it. Here is one example of an annual goal that addresses self-advocacy skills. While developing the ability to recognize his or her need for a calculator and request it from the teacher, the student will still require a calculator be provided when doing math assignments because of the student’s disability. Therefore, in this example, the IEP team chose to also include the supplementary aid and service of a calculator. The conditions under which this service is to be provided is clearly stated; whenever an assignment requires math calculation, the student will be provided with a calculator. It is possible while developing self-advocacy skills, the teacher may need to prompt the student to make the request, but it would not be appropriate to deny this needed supplementary aid just because the student does not ask for it.

30. The student’s unique educational needs drive the IEP team’s determination of services to be provided. Services may not be driven by administrative convenience, concerns about unavailability of staff, or to accommodate a particular service delivery model. In Summary… July, 2011 30 Putting everything we have discussed together, here are a few key concepts to keep in mind as you develop IEP statements describing a student’s services. Most importantly, each service must address the student’s unique educational needs As Marge mentioned earlier, the student’s unique educational needs drive the IEP team’s decision about the services the student will receive. Federal guidance on implementing IDEA is clear . The student’s need must be the focus. The services can not be based solely on factors such as the availability of staff, the established service delivery model, or administrative convenience. Background: A student’s placement (including the amount and frequency of special education services) “…must be individually determined on the basis of each child’s abilities and needs …, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience” (Federal Register 71(156) p. 46588- discussion section from regulations implementing IDEA, 34 CFR 300) Putting everything we have discussed together, here are a few key concepts to keep in mind as you develop IEP statements describing a student’s services. Most importantly, each service must address the student’s unique educational needs As Marge mentioned earlier, the student’s unique educational needs drive the IEP team’s decision about the services the student will receive. Federal guidance on implementing IDEA is clear . The student’s need must be the focus. The services can not be based solely on factors such as the availability of staff, the established service delivery model, or administrative convenience. Background: A student’s placement (including the amount and frequency of special education services) “…must be individually determined on the basis of each child’s abilities and needs …, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience” (Federal Register 71(156) p. 46588- discussion section from regulations implementing IDEA, 34 CFR 300)

31. To be clearly stated, the description of each service listed on the IEP must answer the following questions: How much of the service will be provided (the amount)? How often will the service be provided (the frequency)? Where will the service be provided (the location)? How long will the service be provided (the duration)? In Summary… July, 2011 31 Each service listed on the student’s IEP must be clearly stated in language understandable to all involved in developing the IEP and to those who will be implementing the IEP with the student. The amount and frequency must be appropriate to the specific service. This means, the statement of services must answer the following questions for each special education, related service, supplementary aid and service and program modification for staff: How much service will be provided (the amount)? How often will the service be provided (the frequency)? Where will the service be provided (the location)? How long will the service be provided (the duration)? The next few slides will provide you with a “self-test.” See if you can tell what’s wrong with the examples. Each example is followed by a slide that explains what is wrong. Each service listed on the student’s IEP must be clearly stated in language understandable to all involved in developing the IEP and to those who will be implementing the IEP with the student. The amount and frequency must be appropriate to the specific service. This means, the statement of services must answer the following questions for each special education, related service, supplementary aid and service and program modification for staff: How much service will be provided (the amount)? How often will the service be provided (the frequency)? Where will the service be provided (the location)? How long will the service be provided (the duration)? The next few slides will provide you with a “self-test.” See if you can tell what’s wrong with the examples. Each example is followed by a slide that explains what is wrong.

32. Self-Check: What’s wrong here? July, 2011 32 Here is the first set of examples. Pause to read examplesHere is the first set of examples. Pause to read examples

33. Here’s what’s wrong July, 2011 33 In the first example, 1 class period describes an amount of time, but it is not clear how often the service will be provided. In the second example, the frequency is clear (3x per week), however the term “minimum” is not acceptable because it does not clearly specify how much service will be provided. “Minimum” serves as a base amount of services but how much more than 15 minutes per session the student might be removed from other classes in order to receive occupational therapy, is not clear. In the last example on this slide, “weekly” does not include how much (amount) counseling services to be provided, only how often (frequency). It is not clear for how many minutes the student will receive counseling each week. In the first example, 1 class period describes an amount of time, but it is not clear how often the service will be provided. In the second example, the frequency is clear (3x per week), however the term “minimum” is not acceptable because it does not clearly specify how much service will be provided. “Minimum” serves as a base amount of services but how much more than 15 minutes per session the student might be removed from other classes in order to receive occupational therapy, is not clear. In the last example on this slide, “weekly” does not include how much (amount) counseling services to be provided, only how often (frequency). It is not clear for how many minutes the student will receive counseling each week.

34. Self-Check: What’s wrong here? July, 2011 34 Here is another example for you to try. Pause to read examplesHere is another example for you to try. Pause to read examples

35. Self-Check: What’s wrong here? July, 2011 35 In the first example, the statement of the amount and frequency of services is too broad. It is not clear to the parents or other involved in IEP development, what the student’s actual schedule of speech services will be. Also, the statement of location does not clarify how much of the services will be provided in general vs. special education settings. This statement make it difficult to determine the student’s extent of removal from general education classes. In the second example, the stated amount and frequency is not appropriate to the type of service to be provided. Depending on the length and number of writing assignments, it is possible the student will need more or less time using a computer. Limiting computer use to 15 minutes daily is not appropriate. It is also not clear if the student requires a computer for all writing assignments, or only certain types or lengths of assignments. In the first example, the statement of the amount and frequency of services is too broad. It is not clear to the parents or other involved in IEP development, what the student’s actual schedule of speech services will be. Also, the statement of location does not clarify how much of the services will be provided in general vs. special education settings. This statement make it difficult to determine the student’s extent of removal from general education classes. In the second example, the stated amount and frequency is not appropriate to the type of service to be provided. Depending on the length and number of writing assignments, it is possible the student will need more or less time using a computer. Limiting computer use to 15 minutes daily is not appropriate. It is also not clear if the student requires a computer for all writing assignments, or only certain types or lengths of assignments.

36. Self Check: What’s wrong here? July, 2011 36 Let’s try the last one. Pause to read examplesLet’s try the last one. Pause to read examples

37. Here’s what’s wrong July, 2011 37 “Upon student request” is not an appropriate amount and frequency of a service because it does not clear specify when the student requires a calculator because of a disability related need. As mentioned earlier in the presentation, if the IEP team decides a student should work on increasing self-advocacy skills, it may be more appropriate to address this need as part of an IEP goal. If the student requires a calculator to complete all or some types of math work, it would be inappropriate require to the student to ask for a calculator before one is provided. In the second example, the statement does not clearly describe what kind or kinds of behavior would require removal and for how long the student would be removed. It is necessary to describe these conditions more clearly. “Upon student request” is not an appropriate amount and frequency of a service because it does not clear specify when the student requires a calculator because of a disability related need. As mentioned earlier in the presentation, if the IEP team decides a student should work on increasing self-advocacy skills, it may be more appropriate to address this need as part of an IEP goal. If the student requires a calculator to complete all or some types of math work, it would be inappropriate require to the student to ask for a calculator before one is provided. In the second example, the statement does not clearly describe what kind or kinds of behavior would require removal and for how long the student would be removed. It is necessary to describe these conditions more clearly.

38. DPI Information Update Bulletin 10.07 Describing Special Education, Related Services, Supplementary Aids and Services, and Program Modifications and Supports http://www.dpi.wi.gov/sped/bul10-07.html Additional Frequency and Amount Examples for Therapy http://www.dpi.wi.gov/sped/speech.html  For More Information… July, 2011 38 As Christina mentioned earlier, the bulletin that this presentation is based on, is available on the DPI website at the address listed on this slide. The bulletin includes additional examples for the items we’ve discussed. Another resource you may find helpful is a document with examples developed specifically to reflect options frequently used for speech and language therapy services, they may be appropriate for adaptation to other therapy services such as OT and PT. This resource is available on the DPI Speech and Language page at the address listed on this slide. As Christina mentioned earlier, the bulletin that this presentation is based on, is available on the DPI website at the address listed on this slide. The bulletin includes additional examples for the items we’ve discussed. Another resource you may find helpful is a document with examples developed specifically to reflect options frequently used for speech and language therapy services, they may be appropriate for adaptation to other therapy services such as OT and PT. This resource is available on the DPI Speech and Language page at the address listed on this slide.

39. Christina Spector, School Administration Consultant 608-267-3747 christina.spector@dpi.wi.gov Marge Resan, School Administration Consultant (608) 267-9158 Margaret.resan@dpi.wi.gov Paula Volpiansky, School Administration Consultant 608-267-3725 paula.volpiansky@dpi.wi.gov Questions? July, 2011 39 If you have additional questions about the bulletin or this presentation, feel free to contact any of us by phone or email. Our contact information is on this slide. Thank you very much for joining us today. We hope this information is helpful to you as you develop IEPs for your students.If you have additional questions about the bulletin or this presentation, feel free to contact any of us by phone or email. Our contact information is on this slide. Thank you very much for joining us today. We hope this information is helpful to you as you develop IEPs for your students.